[Added 12-26-2023 by Ord. No. O-22-23]
A.
Purpose. The purpose of the Affordable Housing Inclusionary Overlay
Zone is to create the opportunity for the development of as of right
affordable housing in accordance with the Court-approved Settlement
Agreement between Franklin Township and Fair Share Housing Center
dated May 26, 2022.
B.
Application of requirements. The Affordable Housing Inclusionary
Overlay Zone permits development of multi-family residential units
with an affordable housing component. The requirements of the "underlying"
zoning districts shall remain in full effect in the area encompassed
by this Overlay Zone unless an application is proposed consistent
with the requirements of this Overlay Zone. The requirements of this
Overlay Zone shall only be applicable to the lands involved in such
a residential inclusionary development application. Lands not included
in such an inclusionary development application shall continue to
be subject to the requirements of the underlying zoning district.
C.
Permitted uses.
(1)
Principal permitted uses.
(a)
Affordable housing development through inclusionary residential
development in the form of townhouses, duplexes, or multifamily housing,
such as apartments, in accordance with the density and set-aside standards
identified herein.
(2)
Permitted accessory uses.
(a)
Off-street parking and loading and attached private residential
garages.
(b)
Fences and walls in accordance with Township Code.
(c)
Signs in accordance with Township Code.
(d)
Clubhouses or recreational facilities to service the residential
developments, which may include swimming pools, soccer/football fields,
baseball diamonds, basketball courts, tennis courts, tot lots, and/or
playgrounds.
D.
The following development standards shall apply within the Affordable
Housing Inclusionary Overlay Zone:
(1)
Maximum gross density. Fourteen units per acre or, where on-site
water or sewer facilities are proposed, the maximum density permitted
by the capacity of the proposed system or the maximum density permitted
by applicable state regulations, including the Pinelands Comprehensive
Management Plan, N.J.A.C. 7:50-1.1 et seq., whichever is less. As
part of site plan approval, a developer seeking to develop a project
served by on-site water and sewer facilities must provide expert reports
and testimony to confirm that the proposed system will be capable
of serving the project at the proposed density.
(2)
Affordable housing requirements:
(a)
A 20% mandatory affordable housing on-site set-aside requirement
shall apply to any residential development, including the residential
portion of a mixed-use project, of five units or more.
(b)
All affordable units created shall fully comply with the Uniform
Housing Affordability Controls at N.J.A.C. 5:80-26.1, et seq. (UHAC),
including but not limited to the required bedroom and income distribution,
with the sole exception that 13% of the affordable units within each
bedroom distribution shall be required to be restricted for very-low-income
households earning 30% or less of the median income pursuant to the
Fair Housing Act, N.J.S.A. 52:27-D-301.
(c)
All very-low-income units shall be proportionately distributed
within each bedroom distribution. In a family non-age-restricted development
at no time shall the number of efficiency/one-bedroom very-low-income
units exceed the number of three-bedroom very-low-income units.
(3)
The following tract requirements shall apply:
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Minimum lot area (tract)
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5 acres (may be met by contiguous lots)
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Minimum lot width (tract)
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100 feet
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Minimum lot depth (tract)
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125 feet
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Minimum front yard setback (tract)
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150 feet
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Minimum side yard setback (tract)
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100 feet
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Minimum rear yard setback (tract)
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100 feet
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Maximum lot coverage
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60%
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Maximum building height
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48 feet/3.5 stories
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Minimum open space area
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15% of tract area
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1. Patios, decks and fences may be located within required building
setback areas.
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2. Open space shall be arranged as a common area situated between
and among buildings from a central location within the development.
Areas in required setbacks and landscaped buffers shall not be counted
toward the minimum open space area.
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(4)
Public water and wastewater service: The developer shall provide
public water and sewer service (or alternative wastewater treatment
facilities).
(5)
No nonresidential development shall be permitted.
(6)
No transfer of development scheme, noncontiguous cluster zoning,
or other condition shall apply to inclusionary residential development,
which shall be as of right.
